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HomeMy WebLinkAbout2000-07-25; City Council; 15839; Carlsbad Hiring Center. 0 w 5 a a a . . g 2 6 5 8 W CITY OF CARLSBAD - AGENtrA BILL AB# 1 <c;! 8 3 9 TITLE: AWARD OF CONTRACT FOR ADMINISTRATION -dS-00 AND EMPLOYMENT SERVICES - MTG. 3 CARLSBAD HIRING CENTER CITY AI-l-Y. d@” DEPT. CD CITY MGR. RECOMMENDED ACTION: That the City Council APPROVE Resolution No. &!OdU-d L/3 awarding the contract for administrative and employment services at the Carlsbad Hiring Center, to San Diego County SER/Jobs for Progress Inc. for the period beginning on July 1, 2000 and ending June 30, 2001. ITEM EXPLANATION: On March 5, 1991, Council authorized staff to initiate contract negotiations with SER/Jobs for Progress Inc., for administrative and employment services at the Carlsbad Hiring Center. SER/Jobs for Progress was selected as a sole source provider (Administrative Order No. 36, section 6) of these services based upon their expertise in the area of employment, development and training, their familiarity with the migrant situation in North County, their bilingual capabilities and their cost proposal. Per that agreement, SER’s responsibilities included; providing bilingual staff, registration, placement, referral and reporting services, six days per week, at the Carlsbad Hiring Center, located at 5958 El Camino Real. SER agreed to assist the City of Carlsbad in distribution of information about the Hiring Center to the community and they were to provide information and referrals for training and social services to applicants who requested this service. Based upon the success of the Hiring Center a new contract was approved in June 1996. San Diego County SER - Jobs for Progress has fulfilled its contract requirements and successfully met all performance objectives originally established. Based upon its continuing expertise in the area of employment services, development and training specifically aimed at the migrant population, the purchasing officer has waived bidding requirements. The term of the new contract will be for a one-year period, with the opportunity to extend for three (3) additional one year periods should the City Council so direct. FISCAL IMPACT: The term of the contract is for a one (1) year period, with an option to renew for up to three (3) additional one (1) year periods. The yearly cost of SER’s contract totals $75510.00 which includes what the City Council adopted under the Issue Statement reviewed during the Budget Hearing on June 27, 2000. The increase represents a proportionate share for those employers from Carlsbad utilizing the Hiring Center. Payment of this contract will be made from those funds already allocated to the project in the 2000-2001 Operating and Capital Budget. EXHIBITS: 1. Resolution No. m -2 y3 2. Agreement for Employment Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION NO. 2000-243 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT FOR ADMINISTRATIVE AND EMPLOYMENT SERVICES. WHEREAS, the City Council, on March 5, 1991, authorized staff to begin contract negotiations with SER/Jobs for Progress Inc.; and WHEREAS, the agreement is complete and SER designated as the sole source of administrative and employment services for the Carlsbad Hiring Center, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the City of Carlsbad will enter into an agreement with San Diego County SER/Jobs for Progress Inc., for all administrative and employment services conducted at the Carlsbad Hiring Center for an annual sum of $75,5 10.00, beginning July 1, 2000. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreements for and on behalf of the City Council of the City of Carlsbad, California. //I //I //I Ill Ill Ill III PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 25th day Of July I 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, and Kulchin NOES: None ABSENT: None ATTEST: -2- - City Records Management Department August 4,200O Mr. Georg Lopez SEIUJobs for Progress, Inc. 3355 Mission Ave #123 Oceanside CA 92054 Re: Agreement for management of Carlsbad Hiring Center Dear Mr. Lopez, The City of Carlsbad approved the agreement to provide the necessary job placement and referral services for the Carlsbad Hiring Center at the Council meeting held on July 25, 2000. Enclosed please find a copy of the agreement for your records. In addition, the agreement stipulates that you must tile a conflict of interest form with the city; paragraph 24 of agreement. We have enclosed, for your convenience, a copy of Form 700 and a pocket guide to help you in meeting this requirement. If you need assistance in filling out this form please feel free to contact our offices. Debra Doerfler Carlsbad City Cl Enclosure 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 - (760) 434-2808 @ THIS AGREEMENT is made and entered into as of the 3rd day of Ausust f 20=, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and San Diego County SER Jobs for Progress Inc., hereinafter referred to as “Contractor.” RECITALS City requires the services of an employment services Contractor to provide the necessary job placement and referral services for the Carlsbad Hiring Center; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Consultant shall be obligated to perform all employment related services, including registration of job applicants and employers, job placement, job related referrals to other service providers, monthly reporting of statistical information pertaining to usage, placement, and any demographic information, requested by City. Consultant agrees to verify eligibility for employment in the United States, for all persons requesting or obtaining employment services at the Carlsbad Hiring Center. Consultant agrees to operate the Carlsbad Hiring Center on a six day per week basis, Monday through Saturday from 7:00 a.m. until 12:00 noon, excluding all holidays observed by City. Consultant agrees to provide a minimum of (1) project supervisor, and (2) placement specialists, all possessing bilingual capabilities, at n r, -1 - rev. 4/24/00 the Carlsbad Hiring Center during normal hours of operation. Consultant agrees to assist City in distribution of public information materials related to the Carlsbad Hiring Center. Consultant agrees to furnish all general office supplies, printing costs and postage associated with normal operations. 2. CITY OBLIGATIONS The City shall furnish office space, furniture and all equipment necessary for the normal operation of the Carlsbad Hiring Center. City shall assume responsibility for all maintenance, utility and operational costs associated with the Carlsbad Hiring Center. City shall fund all printing and postage costs associated with public information. City shall provide a staff liaison, to be appointed by the Community Development Director, to coordinate the Hiring Center project with the Consultant. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt of notification to proceed by the City and be completed within 365 days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Community Development Director. The City will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total shall not exceed the fee payable for the services to be performed according to Paragraph 6, “Payment of Fees,” and shall be $75,510. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” In the event -2 - rev. 4/24/00 supplemental financial assistance toward providing employment services at the Carlsbad Hiring Center is received from any source by the Consultant , the fees payable by the City of Carlsbad to the Consultant shall be reduced by that same amount. 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) calendar year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Six equal payments of $12585.00 shall be paid at the following intervals: (1) actuation of contract, (2) successful completion of the first 60 days of the contract, (3) successful completion of 120 days of the contract, (4) successful completion of 180 days of the contract, (5) successful completion of 240 days of the contract, and (6) successful completion of 300 days of the contract. \ 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to -3 - rev. 4/24/00 Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 10. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Community -4- rev. 4/24/00 Development Director. The Community Development Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False -5 - rev. 4/24/00 Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor from the selection process. (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. A (Initial) (Initial) 12. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete -6 - rev. 4/24/00 compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, -7- rev. 4/24/00 specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of -8 - rev. 4/24/00 Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. -9 - rev. 4/24/00 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be categories investments or interests in real property. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraoes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply -10 - rev. 4/24/00 - separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The -11 - rev. 4/24/00 Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Communitv Develooment Director Name Marty Orenvak Address 1635 Faradav Avenue Carisbad CA 92008 Title ’ R&S’ P /f f3 Y / ss/- LL- Jtzz 3 Name GaaFi kwe?#u I Address 33 CS- &IS-S/ ~4 A@&?>3 OGt5wWB~ I CA CzcssjY 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing -12 - rev. 4/24/00 executed by the party against which ‘enforcement of such amendment, waiver or discharge is sought. Executed bY Contractor this 30th day of June ,20 00 . CONTRACTOR: San Diego SER/Jobs for Progress George Lopez President CEO (print name/title) ATTESTh By: (sign here) (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALqR. BALL, City Attorney -13 - rev. 4/24/00 State of California ) ss before me, Petronila V. Madlangbayan, Notary Public, A personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature RESOLUTION NO: 99-00-01 I THJ3 UNDERSIGNJZD, Len Mason, Chairperson of San Diego County SER/Jobs i$r Progress, Inc., a Califbrnia non profit Institution, certi@ that the following resolution was passed at a regular meeting of the Board of Directors of said institution, held on May 26, 2000, a quorum being present. Itis”R~lv~thaS~Boardof~mectingonMay26,2000,basvotedthat either George D. Lopez, President & CEO, or Sal hktrtinez, Vice President, or Peter Grant, Fiscal Agent, shall have fbll signatory authority and act as our agent with fbll powers of the Ebard including but not limited to negatiatin& and executing all documents tosecurefunds.